01A20818_r
03-01-2002
Jan Shadowens, Complainant, v. Thomas E. White, Secretary, Department of the Army, Agency.
Jan Shadowens v. Department of the Army
01A20818
March 1, 2002
.
Jan Shadowens,
Complainant,
v.
Thomas E. White,
Secretary,
Department of the Army,
Agency.
Appeal No. 01A20818
Agency No. BEHTFO0010A0920
DECISION
Complainant filed a timely appeal with this Commission from a final
decision by the agency dated October 25, 2001, finding that it did not
breach the terms of the March 2, 2001 settlement agreement into which
the parties entered.
The settlement agreement provided, in pertinent part, that:
4(b) Within twenty (20) working days of the date of this agreement the
agency will initiate the competitive announcement of the Supervisory
Procurement Analyst Position, Office Chief of Staff, Principal Assistant
Responsible for Contracting (PARC) GS-1102-15. Both parties recognized
that the servicing Civilian Personnel Operations Center will suspend
operations for 6-8 weeks, as previously announced, for purposes of
completing internal changes. Any delay by the CPOC in processing the
Agency's request to announce the subject position is not attributable
to the Agency.
4(c) The Complainant has requested, and the Agency has agreed that the
Chief of Staff, INSCOM will be the selecting official.
By letter to the agency dated October 1, 2001, complainant claimed that
the agency breached the settlement agreement when, based on conversations
with the Chief of Staff, INSCOM, complainant determined that the Chief
of Staff, INSCOM, was not the selecting official for the Supervisory
Procurement Analyst Position, PARC, GS-1102-15, as required under
provision 4(c) of the settlement agreement.
In its October 25, 2001 decision, the agency concluded that it did not
breach the March 2, 2001 settlement agreement. The agency asserted
that the Chief of Staff, INSCOM, was the selecting official for the
Supervisory Procurement Analyst Position, PARC, GS-1102-15, and the
Commanding General's review and approval of the selection was consistent
with the agency's policy.
Following a review of the record, including the evidence documenting the
selection process and the Chief of Staff's affidavit, the Commission finds
that the agency did not breach the settlement agreement. The Chief of
Staff, INSCOM, did serve as the selecting official for the Supervisory
Procurement Analyst Position, PARC, GS-1102-15, as required under
provision 4(c) of the settlement agreement. Therefore, the agency's
decision finding no breach of the March 2, 2001 settlement agreement
is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0701)
The Commission may, in its discretion, reconsider the decision in this
case if the complainant or the agency submits a written request containing
arguments or evidence which tend to establish that:
1. The appellate decision involved a clearly erroneous interpretation
of material fact or law; or
2. The appellate decision will have a substantial impact on the policies,
practices, or operations of the agency.
Requests to reconsider, with supporting statement or brief, must be filed
with the Office of Federal Operations (OFO) within thirty (30) calendar
days of receipt of this decision or within twenty (20) calendar days of
receipt of another party's timely request for reconsideration. See 29
C.F.R. � 1614.405; Equal Employment Opportunity Management Directive for
29 C.F.R. Part 1614 (EEO MD-110), 9-18 (November 9, 1999). All requests
and arguments must be submitted to the Director, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. In the absence of a legible postmark, the
request to reconsider shall be deemed timely filed if it is received by
mail within five days of the expiration of the applicable filing period.
See 29 C.F.R. � 1614.604. The request or opposition must also include
proof of service on the other party.
Failure to file within the time period will result in dismissal of your
request for reconsideration as untimely, unless extenuating circumstances
prevented the timely filing of the request. Any supporting documentation
must be submitted with your request for reconsideration. The Commission
will consider requests for reconsideration filed after the deadline only
in very limited circumstances. See 29 C.F.R. � 1614.604(c).
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (S0900)
You have the right to file a civil action in an appropriate United States
District Court within ninety (90) calendar days from the date that you
receive this decision. If you file a civil action, you must name as
the defendant in the complaint the person who is the official agency head
or department head, identifying that person by his or her full name and
official title. Failure to do so may result in the dismissal of your
case in court. "Agency" or "department" means the national organization,
and not the local office, facility or department in which you work. If you
file a request to reconsider and also file a civil action, filing a civil
action will terminate the administrative processing of your complaint.
RIGHT TO REQUEST COUNSEL (Z1199)
If you decide to file a civil action, and if you do not have or cannot
afford the services of an attorney, you may request that the Court appoint
an attorney to represent you and that the Court permit you to file the
action without payment of fees, costs, or other security. See Title VII
of the Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e et seq.;
the Rehabilitation Act of 1973, as amended, 29 U.S.C. �� 791, 794(c).
The grant or denial of the request is within the sole discretion of
the Court. Filing a request for an attorney does not extend your time
in which to file a civil action. Both the request and the civil action
must be filed within the time limits as stated in the paragraph above
("Right to File A Civil Action").
FOR THE COMMISSION:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
March 1, 2002
__________________
Date